T&Cs

General Terms and Conditions of Sale

Version 2.0 — 09 June 2025

Language and Governing Law Notice

These General Terms and Conditions of Sale have been translated into English for clarity and accessibility for international clients.

In the event of any discrepancy, contradiction or dispute regarding interpretation, the French version shall prevail and will be the only legally binding version.

In accordance with Article 3 of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (“Rome I”), all contractual relations are governed by French law, regardless of the Client’s country of residence or nationality.

These General Terms and Conditions of Sale have been translated into English for clarity and accessibility for international clients.

In the event of any discrepancy, contradiction or dispute regarding interpretation, the French version shall prevail and will be the only legally binding version.

Currency and Pricing Notice

All prices displayed on the English version of this website are provided in US dollars (USD) for convenience and clarity for international clients.

However, unless otherwise stated in the invoice or contract, all billing and contractual obligations are denominated in euros (€), in accordance with the Provider’s business registration in France.

USD prices are equivalent values, calculated based on the exchange rate at the time of publication. They may include a margin to account for conversion fees and currency fluctuations. The exact euro amount will be stated on the invoice and shall be deemed contractually binding, unless expressly agreed otherwise.

If both parties agree in writing, the Provider may issue invoices directly in USD or another currency, based on the agreed rate and conditions.

The Client is responsible for choosing a payment method that ensures the net amount received in euros (€) by the Provider matches the invoiced total, free of currency loss or bank fees.

All prices displayed on the English version of this website are provided in US dollars (USD) for convenience and clarity for international clients.

If both parties agree in writing, the Provider may issue invoices directly in USD or another currency, based on the agreed rate and conditions.

The Client is responsible for choosing a payment method that ensures the net amount received in euros (€) by the Provider matches the invoiced total, free of currency loss or bank fees.

Article 1 — Introduction

DMN is a sole proprietorship registered with the Marseille Trade and Companies Register under number 980 497 424. It specialises in the creation of websites (such as showcase or landing pages), the customisation of templates, and the occasional or ongoing maintenance of websites built using no-code/low-code tools (notably Framer). DMN also offers digital products, including website templates and downloadable digital resources, through its website.

The Service Provider operates under the French micro-entrepreneur tax regime. As such, services are not subject to VAT in accordance with Article 293 B of the French General Tax Code.

These General Terms and Conditions of Sale (GTCS) govern the contractual relationship between DMN, represented by Damien Gautier (independent web designer and UI designer), hereinafter referred to as “the Service Provider”, and any individual or legal entity, whether based in France or abroad, hereinafter referred to as “the Client”, purchasing services or digital products from the Service Provider.

Any specific derogation from these GTCS must be agreed upon in writing in a signed quotation or contract. Such specific terms, where applicable, shall prevail over the general provisions of these GTCS for the scope they govern.

Unless otherwise stated, these GTCS shall automatically apply to any service order or digital product purchase confirmed by the Client. Signing a quotation, purchase order, or contract, or initiating any part of the service or use of digital products, constitutes full, unreserved acceptance of these terms.

The Service Provider reserves the right to amend these GTCS at any time without prior notice. However, such amendments will not affect any contracts or quotations already signed; the version in force at the time of signature shall remain applicable.

The original version of these General Terms and Conditions of Sale is written in French. In the event of any discrepancy or dispute regarding interpretation, the French version shall prevail.

Article 2 — Scope and General Provisions

These General Terms and Conditions of Sale (GTCS) are intended to define the rights and obligations of the parties in the context of the sale of services or digital products by the Service Provider to its Clients as part of its business activity. This includes in particular:

the creation of websites (e.g. landing pages, portfolio sites),
occasional or subscription-based website maintenance,
customisation of templates,
the sale of digital products (e.g. Framer templates, downloadable files).

The full description of services provided is available at: https://www.dmngautier.com.

Only the following conditions shall apply:

those set out in quotations, purchase orders, or commercial proposals accepted by the Client;
those contained in the present GTCS;
and those resulting from applicable commercial law.

These documents shall prevail over any contradictory clauses found in a Client-issued purchase document or terms of sale.

The Service Provider reserves the right to modify these GTCS, its offers and pricing, at any time and without notice.

However, such modifications shall only apply to future transactions. Any services or products previously validated will remain subject to the version of the GTCS and pricing in force at the time of contract or order confirmation.

The Service Provider also reserves the right to apply any new tax or rate increase imposed by local authorities, without prior notice, to future orders.

If the Client is an individual, they confirm that they are of legal age under the laws of their country of residence.

By placing an order with Damien Gautier / DMN, the Client acknowledges that they have read and accepted without reservation these GTCS, as well as the applicable intellectual property laws, particularly those outlined in Law No. 57-298 of 11 March 1957 (France) concerning authors’ rights and moral rights.

The confirmation of a quotation or purchase order, including the mention “approved”, constitutes full, unconditional and irrevocable acceptance of these GTCS.

The Service Provider undertakes to perform the agreed services using the equipment and tools at its disposal (software, hardware, or third-party platforms such as Framer), unless otherwise stated.

Unless specifically stated otherwise, all deliverables (including those built with no-code tools, design files, development environments or any digital medium) shall remain the exclusive property of the Service Provider until full payment has been received.

They may not:

be used in any other project,
be duplicated, shared, or transferred to a third party,
be resold or modified for resale,
or be altered without prior written authorisation from the Service Provider.

All templates, designs, source files, documents or mock-ups produced by the Service Provider, whether provided free of charge or as part of a paid service, shall remain the intellectual property of the Service Provider.

The Client shall not reproduce, transmit, or exploit them in any way without explicit prior consent.

the creation of websites (e.g. landing pages, portfolio sites),
occasional or subscription-based website maintenance,
customisation of templates,
the sale of digital products (e.g. Framer templates, downloadable files).

The full description of services provided is available at: https://www.dmngautier.com.

Only the following conditions shall apply:

those set out in quotations, purchase orders, or commercial proposals accepted by the Client;
those contained in the present GTCS;
and those resulting from applicable commercial law.

These documents shall prevail over any contradictory clauses found in a Client-issued purchase document or terms of sale.

The Service Provider reserves the right to modify these GTCS, its offers and pricing, at any time and without notice.

The Service Provider also reserves the right to apply any new tax or rate increase imposed by local authorities, without prior notice, to future orders.

If the Client is an individual, they confirm that they are of legal age under the laws of their country of residence.

The confirmation of a quotation or purchase order, including the mention “approved”, constitutes full, unconditional and irrevocable acceptance of these GTCS.

The Service Provider undertakes to perform the agreed services using the equipment and tools at its disposal (software, hardware, or third-party platforms such as Framer), unless otherwise stated.

They may not:

be used in any other project,
be duplicated, shared, or transferred to a third party,
be resold or modified for resale,
or be altered without prior written authorisation from the Service Provider.

The Client shall not reproduce, transmit, or exploit them in any way without explicit prior consent.

Article 3 — Commitment of the Parties

The Client and the Service Provider mutually agree to collaborate actively and in good faith to ensure the proper execution of the contract. Each party undertakes to communicate any known difficulties as and when they arise, in order to allow the other party to take the necessary steps.

3.1 — Responsibilities and Obligations of the Client

To enable the Service Provider to fulfil their mission under the best possible conditions, the Client agrees to:

Provide a detailed project brief, which may not be modified after approval unless expressly agreed in writing by both parties. Any significant changes requiring a substantial reworking may lead to an additional invoice distinct from the initial quote;
Sign and return the accompanying agreement or proposal, along with the present Terms and Conditions, which constitute full and unconditional acceptance;
Provide all necessary textual, graphic and technical content required for the proper execution of the contract, in formats compatible with the tools used (documents, logos, visuals, etc., whether transferred via email, cloud storage or otherwise);
Hold all necessary rights for the elements submitted. The Service Provider shall not be held liable for any disputes relating to the use of third-party content;
Actively participate in the success of the project by supplying all required information and validation within the agreed timeframes;
Strictly adhere to the creative and technical specifications provided by the Service Provider;
Guarantee the Service Provider peaceful use of all submitted content and hold them harmless in case of any dispute, including text, images, sounds, videos, etc.;
Pay the fees as agreed, in accordance with the terms set out in the contract or invoice;
Inform the Service Provider of any collaboration with other third-party providers;
Comply with applicable laws, especially regarding intellectual property, personal data protection and child protection regulations;
Refrain from breaching any confidentiality or non-disclosure agreement, and authorise the Service Provider to use the submitted elements strictly for the execution of the agreed service.

To enable the Service Provider to fulfil their mission under the best possible conditions, the Client agrees to:

Provide a detailed project brief, which may not be modified after approval unless expressly agreed in writing by both parties. Any significant changes requiring a substantial reworking may lead to an additional invoice distinct from the initial quote;
Sign and return the accompanying agreement or proposal, along with the present Terms and Conditions, which constitute full and unconditional acceptance;
Provide all necessary textual, graphic and technical content required for the proper execution of the contract, in formats compatible with the tools used (documents, logos, visuals, etc., whether transferred via email, cloud storage or otherwise);
Hold all necessary rights for the elements submitted. The Service Provider shall not be held liable for any disputes relating to the use of third-party content;
Actively participate in the success of the project by supplying all required information and validation within the agreed timeframes;
Strictly adhere to the creative and technical specifications provided by the Service Provider;
Guarantee the Service Provider peaceful use of all submitted content and hold them harmless in case of any dispute, including text, images, sounds, videos, etc.;
Pay the fees as agreed, in accordance with the terms set out in the contract or invoice;
Inform the Service Provider of any collaboration with other third-party providers;
Comply with applicable laws, especially regarding intellectual property, personal data protection and child protection regulations;
Refrain from breaching any confidentiality or non-disclosure agreement, and authorise the Service Provider to use the submitted elements strictly for the execution of the agreed service.

If the Client fails to provide a clear and complete brief, or if the provided content is too vague to determine the intended design or structure, the Service Provider reserves the right to interpret the visual or functional aspects without it being contestable after the fact.

The Client also agrees to provide complete, up-to-date and truthful information and shall remain solely responsible for any delays, errors or omissions resulting from outdated or inaccurate data. It is their responsibility to keep their contact details (including email and postal address) up to date.

The Client assumes full responsibility for all content provided, regardless of format (text, images, photos, videos, fonts, icons, sound, music, etc.) and guarantees that they hold all intellectual property and usage rights.

The Client acknowledges having been informed by the Service Provider that they remain liable for any infringement of third-party copyrights, trademarks or intellectual property. Any such infringement shall be subject to legal sanctions. Any material provided by the Client must be proofread and validated by them. The Service Provider shall not correct any spelling, grammatical, or stylistic errors.

The following are strictly prohibited:

The submission or inclusion of content that is pornographic, erotic, racist, discriminatory, defamatory or incites hatred;
Any pirated files, stolen designs, third-party content or data obtained without a licence;
The use of content that supports or promotes terrorism, organised crime, sexual exploitation, or any illegal activity;
Content protected under the right to one’s image or likeness, particularly involving children, without appropriate and verifiable legal consent.

Damien Gautier declines all liability for any unauthorised modifications made by the Client to the deliverables after delivery.

The following are strictly prohibited:

The submission or inclusion of content that is pornographic, erotic, racist, discriminatory, defamatory or incites hatred;
Any pirated files, stolen designs, third-party content or data obtained without a licence;
The use of content that supports or promotes terrorism, organised crime, sexual exploitation, or any illegal activity;
Content protected under the right to one’s image or likeness, particularly involving children, without appropriate and verifiable legal consent.

Damien Gautier declines all liability for any unauthorised modifications made by the Client to the deliverables after delivery.

3.2 —Responsibilities and Commitments of the Service Provider

Where necessary, the Service Provider may assist in preparing the project brief, in collaboration with the Client.

The Service Provider guarantees that all deliverables are legally compliant and free of third-party rights (whether employed or freelance), for the uses expressly agreed under the contract.

They undertake to keep the Client regularly and transparently informed of project progress, including through intermediate validations or partial deliveries where applicable.

In accordance with confidentiality obligations, and for the entire duration of the assignment (and after its termination, regardless of cause), the Service Provider commits to strictly preserving the confidentiality of all information, documents and data relating to the Client that may be accessed during the mission.

The Service Provider agrees to deliver the services within the agreed timeframes and to the best of their ability. While they will make every effort to ensure Client satisfaction, they cannot be held responsible for delays resulting from major external disruptions beyond their control (e.g., natural disasters, cyberattacks, network outages, power failures, etc.).

The Service Provider shall not, under any circumstances, be held liable for the loss of documents submitted by the Client. It is recommended that the Client retain duplicates or backups of all materials.

The Service Provider reserves the right to refuse any content (text, image, video, etc.) that is contrary to their professional ethics, public decency, or applicable laws and regulations.

The Service Provider undertakes to deliver work that is compliant with the signed proposal. However, they do not guarantee any increase in sales, traffic, visibility, or improved search engine rankings. The obligation of the Service Provider is one of means, not results.

Under no circumstances can the Service Provider be held liable for faults, omissions, negligence or failures on the part of the Client, or for any damages arising from the Client’s failure to follow professional advice, technical recommendations, or best practices (including SEO or accessibility).

To ensure the success of the project, the Service Provider agrees to perform their tasks with the utmost care and in accordance with professional standards. The Client, in turn, undertakes to collaborate actively by providing all necessary input and validations in a timely manner, in line with the agreed quality and schedule expectations.

Where necessary, the Service Provider may assist in preparing the project brief, in collaboration with the Client.

The Service Provider guarantees that all deliverables are legally compliant and free of third-party rights (whether employed or freelance), for the uses expressly agreed under the contract.

They undertake to keep the Client regularly and transparently informed of project progress, including through intermediate validations or partial deliveries where applicable.

The Service Provider reserves the right to refuse any content (text, image, video, etc.) that is contrary to their professional ethics, public decency, or applicable laws and regulations.

Article 4 — Fees and Additional Services

All service prices are fixed, expressed in euros (EUR) or US dollars (USD) depending on the Client’s country of residence or currency preference, and are not subject to VAT, in accordance with Article 293 B of the French General Tax Code (micro-entrepreneur VAT exemption under French law).

The Service Provider reserves the right to revise the initial fee if the project is delayed by more than six months from the date of order confirmation (i.e. the date the quote was signed by the Client), particularly where such delay is due to a lack of commitment, responsiveness or communication on the part of the Client.

The quote only includes the services explicitly listed and validated by both parties. Any request not mentioned in the signed quote will be considered outside the initial scope and will require either:

a supplemental hourly fee, based on a rate of €100/hour (excluding VAT) or $122/hour when billed in US dollars, to account for exchange rate variation and ensure equivalent compensation to the Provider;
or a new formal quote, subject to written approval by the Client.

Correction requests are not unlimited. Any additional revision or task not included in the initial quote, and requiring extra work from the Service Provider, will be subject to one of the two above billing methods.

In the event of non-payment for additional services billed on an hourly basis, the Service Provider reserves the right to:

terminate the contract without notice, following a formal notice procedure;
demand full payment of the original contract;
claim appropriate compensation or damages in proportion to the unpaid additional service provided.

In the event of contract termination by the Service Provider due to serious breach of contract by the Client, any amounts already paid shall remain fully acquired by the Service Provider as compensation, without prejudice to potential further legal actions to recover outstanding amounts.

Unless expressly mentioned in the signed quote or project-specific agreement, the following items are not included in the price:

licensed fonts or typography files;
premium stock photos or illustrations (free or paid sources);
hosting costs, domain names, plugins, modules or third-party integrations;
any paid content or software required to complete the project.

Written content to be included (texts, titles, descriptions, etc.) must be provided by the Client. The Client is also responsible for providing all necessary project-related documents in a timely manner to ensure proper execution.

Finally, any in-person travel or physical meetings required for the project (e.g. client visits, photoshoots, planning sessions) may incur an additional fee, as agreed in advance between both parties.

a supplemental hourly fee, based on a rate of €100/hour (excluding VAT) or $122/hour when billed in US dollars, to account for exchange rate variation and ensure equivalent compensation to the Provider;
or a new formal quote, subject to written approval by the Client.

In the event of non-payment for additional services billed on an hourly basis, the Service Provider reserves the right to:

terminate the contract without notice, following a formal notice procedure;
demand full payment of the original contract;
claim appropriate compensation or damages in proportion to the unpaid additional service provided.

Unless expressly mentioned in the signed quote or project-specific agreement, the following items are not included in the price:

licensed fonts or typography files;
premium stock photos or illustrations (free or paid sources);
hosting costs, domain names, plugins, modules or third-party integrations;
any paid content or software required to complete the project.

Article 5 — Purchase Order and Project Commencement

The quote and these General Terms and Conditions of Sale (GTCS), when signed by the Client, constitute full contractual acceptance of the offer and shall serve as a binding purchase order.

Unless otherwise stated in the quote, this purchase order must be accompanied by an upfront payment of 50% of the total price (excluding VAT).

The project will only commence once all of the following items have been received by the Provider:

The quote signed with the phrase “Bon pour accord” (meaning “Approved”);
The signed service agreement (if applicable);
These General Terms and Conditions of Sale, duly accepted;
Payment of the initial 50% deposit;
Delivery of all required materials (including content, access credentials, technical and visual specifications, etc.).

The remaining 50% balance shall be paid in full prior to the final delivery or the transfer of ownership, unless otherwise agreed in writing.

The quote and these General Terms and Conditions of Sale (GTCS), when signed by the Client, constitute full contractual acceptance of the offer and shall serve as a binding purchase order.

Unless otherwise stated in the quote, this purchase order must be accompanied by an upfront payment of 50% of the total price (excluding VAT).

The project will only commence once all of the following items have been received by the Provider:

The quote signed with the phrase “Bon pour accord” (meaning “Approved”);
The signed service agreement (if applicable);
These General Terms and Conditions of Sale, duly accepted;
Payment of the initial 50% deposit;
Delivery of all required materials (including content, access credentials, technical and visual specifications, etc.).

The remaining 50% balance shall be paid in full prior to the final delivery or the transfer of ownership, unless otherwise agreed in writing.

Disbursements

Any disbursements made by the Provider on behalf of the Client will also be invoiced separately.

These cover expenses such as modules, themes, fonts, photos, or other graphic or technical third-party assets required for the project. A disbursement note will be appended to the initial quote and must be:

Signed and dated by the Client, including the handwritten phrase “Bon pour accord et bon pour mandat” (meaning “Approved and Mandated”).

Disbursements must be fully settled at the start of the project, in addition to the 50% deposit.

Original invoices of disbursed expenses may be provided to the Client upon request.

Any disbursements made by the Provider on behalf of the Client will also be invoiced separately.

Signed and dated by the Client, including the handwritten phrase “Bon pour accord et bon pour mandat” (meaning “Approved and Mandated”).

Disbursements must be fully settled at the start of the project, in addition to the 50% deposit.

Original invoices of disbursed expenses may be provided to the Client upon request.

In case of non-payment

Should the deposit, disbursements, or remaining balance not be paid as agreed, the Provider reserves the right to:

Immediately suspend the project without compensation,
Seek full payment of the outstanding balance,
Retain any amounts already paid as compensation for time and resources already committed.

This shall not be considered a waiver of any rights to seek further legal remedy or compensation.

Should the deposit, disbursements, or remaining balance not be paid as agreed, the Provider reserves the right to:

Immediately suspend the project without compensation,
Seek full payment of the outstanding balance,
Retain any amounts already paid as compensation for time and resources already committed.

This shall not be considered a waiver of any rights to seek further legal remedy or compensation.

Article 6 — Invoicing and Payment

The Provider offers the following payment methods:

By bank transfer or PayPal (for web design-related services);
By Stripe, GoCardless, LemonSqueezy or PayPal (for templates, digital products, audits, consulting, and other online services).

Payment is due in two instalments, unless otherwise stated and agreed upon in writing by both parties:

50% upon confirmation of order,
50% prior to final delivery of the deliverable or transfer of ownership.

Unless otherwise agreed in writing, these terms are strict and non-negotiable.

The Provider offers the following payment methods:

By bank transfer or PayPal (for web design-related services);
By Stripe, GoCardless, LemonSqueezy or PayPal (for templates, digital products, audits, consulting, and other online services).

Payment is due in two instalments, unless otherwise stated and agreed upon in writing by both parties:

50% upon confirmation of order,
50% prior to final delivery of the deliverable or transfer of ownership.

Unless otherwise agreed in writing, these terms are strict and non-negotiable.

Late Payment

Any delay in payment beyond 31 calendar days from the invoice date will result in the automatic application of the following penalties, in accordance with applicable French commercial regulations:

Late fees calculated on the basis of the interest rate applied by the European Central Bank (ECB) plus 10 percentage points (Article L441-10 of the French Commercial Code);
The current applicable indicative rate is 10.5% annually on the total amount due;
A fixed compensation fee of €40 for recovery costs will be charged from the first day of delay, even if daily penalties begin on day 31;
Reminder fees: Any reminder beyond the first may result in an additional charge based on a pricing scale stated on the quote or provided by simple written notice;
Collection fees (amicable or judicial) and related legal costs will be fully borne by the Client.

Late fees calculated on the basis of the interest rate applied by the European Central Bank (ECB) plus 10 percentage points (Article L441-10 of the French Commercial Code);
The current applicable indicative rate is 10.5% annually on the total amount due;
A fixed compensation fee of €40 for recovery costs will be charged from the first day of delay, even if daily penalties begin on day 31;
Reminder fees: Any reminder beyond the first may result in an additional charge based on a pricing scale stated on the quote or provided by simple written notice;
Collection fees (amicable or judicial) and related legal costs will be fully borne by the Client.

Non-Payment of Final Balance

In the event of non-payment of the final balance prior to delivery, the Provider expressly reserves the right to:

Suspend all deliveries, including access to files or transfer of ownership;
Charge the above penalties from the 31st day;
Initiate formal notice proceedings (by email or registered mail) after 45 calendar days from the invoice date.

In the event of non-payment of the final balance prior to delivery, the Provider expressly reserves the right to:

Suspend all deliveries, including access to files or transfer of ownership;
Charge the above penalties from the 31st day;
Initiate formal notice proceedings (by email or registered mail) after 45 calendar days from the invoice date.

If no resolution occurs within 7 days following formal notice, the Provider reserves the right to:

Terminate the contract, with immediate effect and without further notice;
Retain all sums already paid as liquidated damages;
Pursue recovery procedures, with all legal and procedural costs borne by the Client.

The Client may not claim compensation for the suspension or consequences of termination due to a payment issue.

If no resolution occurs within 7 days following formal notice, the Provider reserves the right to:

Terminate the contract, with immediate effect and without further notice;
Retain all sums already paid as liquidated damages;
Pursue recovery procedures, with all legal and procedural costs borne by the Client.

The Client may not claim compensation for the suspension or consequences of termination due to a payment issue.

Currency and Exchange Rate

Invoices are issued in euros (€) unless otherwise agreed in writing by both parties. For international clients, the Provider may issue invoices in US dollars (USD) or other currencies on request.

In such cases:

The Client agrees to cover any exchange rate differences, conversion costs, and bank transfer fees, ensuring the net amount received in euros matches the invoiced total.
Currency conversions are based on the rate applicable on the invoice date and may include a small adjustment margin to account for rate fluctuations and transaction fees.

In case of doubt, the amount due in euros (€) shall prevail as the contractually binding reference.

In such cases:

The Client agrees to cover any exchange rate differences, conversion costs, and bank transfer fees, ensuring the net amount received in euros matches the invoiced total.
Currency conversions are based on the rate applicable on the invoice date and may include a small adjustment margin to account for rate fluctuations and transaction fees.

In case of doubt, the amount due in euros (€) shall prevail as the contractually binding reference.

Article 7 — Validation, Deadlines and Delivery

Upon signing the quote, the Client agrees to provide the Provider with all required content (text, visuals, access credentials, or any other documents necessary) for the proper execution of the project within a maximum period of three (3) weeks.

In the event of incomplete or delayed delivery, a new provisional schedule will be communicated by the Provider.

If repeated reminders are required due to missing content, the Provider reserves the right to reassess the initial pricing and delivery schedule accordingly.

Any adjustment of scope or deadline must be expressly approved in writing before the project resumes.

In the event of incomplete or delayed delivery, a new provisional schedule will be communicated by the Provider.

If repeated reminders are required due to missing content, the Provider reserves the right to reassess the initial pricing and delivery schedule accordingly.

Any adjustment of scope or deadline must be expressly approved in writing before the project resumes.

7.1 — Validation Process

During each project phase, the Client agrees to send their feedback, validation, or change requests in written form only (by email, dated letter, or provided forms).

No verbal or phone validation will be accepted.

The number of included revisions is specified in the quote or contract.

Any additional modification request outside the agreed scope shall incur a supplemental fee, based on the applicable hourly rate or a new quote to be approved prior to execution.

If the Client does not respond within 15 days of receiving a mock-up or deliverable, the work will be considered tacitly approved, and the Provider will be entitled to invoice it accordingly.

During each project phase, the Client agrees to send their feedback, validation, or change requests in written form only (by email, dated letter, or provided forms).

No verbal or phone validation will be accepted.

The number of included revisions is specified in the quote or contract.

Any additional modification request outside the agreed scope shall incur a supplemental fee, based on the applicable hourly rate or a new quote to be approved prior to execution.

If the Client does not respond within 15 days of receiving a mock-up or deliverable, the work will be considered tacitly approved, and the Provider will be entitled to invoice it accordingly.

7.2 — Delivery and Scheduling

The Provider will make reasonable efforts to honour agreed deadlines. However, in the absence of a clearly stated due date, no fixed delivery deadline may be imposed unilaterally by the Client.

Work cannot begin until:

all required materials have been received;
the deposit has been paid.

The Client acknowledges that project progress depends on their responsiveness and collaboration.

Any delays or repeated adjustments on the Client’s part (including new demands, ongoing revisions, or delayed approval) may impact the delivery timeline. The Provider shall not be held liable for such consequences.

The Provider will make reasonable efforts to honour agreed deadlines. However, in the absence of a clearly stated due date, no fixed delivery deadline may be imposed unilaterally by the Client.

Work cannot begin until:

all required materials have been received;
the deposit has been paid.

The Client acknowledges that project progress depends on their responsiveness and collaboration.

7.3 — Change of Scope or Design Once Development Has Started

If the Client requests a change to the design after development has begun or once the website has passed a major delivery milestone, the Provider reserves the right to pause development and issue an additional quote.

No major functional, structural, or visual changes outside the initial scope will be undertaken without a new quote.

7.4 — Abandonment, Delay or Lack of Client Response

If the Client becomes unresponsive for an extended period (15+ days), the following will apply:

the contract will be considered unilaterally terminated by the Client;
the Provider may re-invoice all work completed up to that date on an hourly basis;
no compensation, refund or indemnity may be claimed by the Client;
the Provider may invoice a supplemental fee for any work preserved or archived for delayed resumption;
the project may be permanently closed, without further obligation.

If the Client chooses to resume the project later, a new quote or updated agreement may be required.

If the Client becomes unresponsive for an extended period (15+ days), the following will apply:

the contract will be considered unilaterally terminated by the Client;
the Provider may re-invoice all work completed up to that date on an hourly basis;
no compensation, refund or indemnity may be claimed by the Client;
the Provider may invoice a supplemental fee for any work preserved or archived for delayed resumption;
the project may be permanently closed, without further obligation.

If the Client chooses to resume the project later, a new quote or updated agreement may be required.

Article 8 — Étendues des prestations web proposées par Damien Gautier

8.1 — Website Creation Services (Packaged Offers)

The Service Provider offers several standardised website creation packages, deliverable through the Framer platform. The services are billed upon full completion, and ownership is transferred to the Client’s Framer account only after final payment has been received.

Available offers include:

1-Page Website — Starting from $1,390 excl. VAT (approx. €1,200) – Estimated delivery time: 3 to 4 weeks
5-Page Website — Starting from $2,300 excl. VAT (approx. €2,000) – Estimated delivery time: 5 to 7 weeks
7-Page Website — Starting from $2,990 excl. VAT (approx. €2,600) – Estimated delivery time: 8 to 9 weeks

Each package systematically includes the following services:

A personalised strategy session;
Drafting of mandatory legal notices (excluding full Terms & Conditions);
Responsive design for desktop, tablet, and mobile;
Domain selection and connection (if not already in place);
Basic SEO setup to allow for initial indexing;
Configuration of form submissions with a dedicated inbox;
A final walkthrough call and mini-training upon delivery;
30-day technical support following the project launch.

Note: All content (text, images, videos, files) must be provided by the Client unless otherwise stipulated in the commercial proposal or invoice.

Currency and Billing Reminder:

Prices listed in US dollars (USD) are provided for convenience and clarity for international clients. However, all invoicing and contractual obligations remain denominated in euros (€), as per the Service Provider’s business registration in France. USD amounts reflect approximate values based on current exchange rates and include a margin to account for fluctuations and fees. The final amount in euros will be clearly stated on the invoice and shall be legally binding.

Available offers include:

1-Page Website — Starting from $1,390 excl. VAT (approx. €1,200) – Estimated delivery time: 3 to 4 weeks
5-Page Website — Starting from $2,300 excl. VAT (approx. €2,000) – Estimated delivery time: 5 to 7 weeks
7-Page Website — Starting from $2,990 excl. VAT (approx. €2,600) – Estimated delivery time: 8 to 9 weeks

Each package systematically includes the following services:

A personalised strategy session;
Drafting of mandatory legal notices (excluding full Terms & Conditions);
Responsive design for desktop, tablet, and mobile;
Domain selection and connection (if not already in place);
Basic SEO setup to allow for initial indexing;
Configuration of form submissions with a dedicated inbox;
A final walkthrough call and mini-training upon delivery;
30-day technical support following the project launch.

Note: All content (text, images, videos, files) must be provided by the Client unless otherwise stipulated in the commercial proposal or invoice.

Currency and Billing Reminder:

Available offers include:

1-Page Website — Starting from $1,380 excl. VAT (approx. €1,200) – Estimated delivery time: 3 to 4 weeks
5-Page Website — Starting from $2,300 excl. VAT (approx. €2,000) – Estimated delivery time: 5 to 7 weeks
7-Page Website — Starting from $2,990 excl. VAT (approx. €2,600) – Estimated delivery time: 8 to 9 weeks

Each package systematically includes the following services:

A personalised strategy session;
Drafting of mandatory legal notices (excluding full Terms & Conditions);
Responsive design for desktop, tablet, and mobile;
Domain selection and connection (if not already in place);
Basic SEO setup to allow for initial indexing;
Configuration of form submissions with a dedicated inbox;
A final walkthrough call and mini-training upon delivery;
30-day technical support following the project launch.

Note: All content (text, images, videos, files) must be provided by the Client unless otherwise stipulated in the commercial proposal or invoice.

Currency and Billing Reminder:

8.2 — Additional Services upon Quotation

The Service Provider may offer specific services on request, subject to a custom quotation, including but not limited to:

Integration of e-commerce features (shop, cart, online payments);
Setup of a multilingual site (multiple language versions);
Adding new pages after the initial delivery;
Configuration of advanced CMS options;
Implementation of custom technical features or third-party integrations (chat, booking systems, etc.);
Occasional or subscription-based maintenance services (e.g. content updates, bug fixes, extended technical support).

Maintenance is available in two formats:

Ad hoc: Billed on an hourly or fixed-rate basis depending on the nature of the request;
Ongoing (subscription): Based on a dedicated quote specifying frequency, scope, intervention terms, and any applicable limits.

Any request exceeding the scope or volume initially agreed shall be subject to an additional invoice.

The Service Provider makes no guarantee of immediate availability during an ongoing contract and reserves the right to decline urgent or unplanned requests.

All work is carried out strictly during business hours, excluding weekends, public holidays, and officially announced leave periods.

Any request made outside these conditions, without prior written agreement, may be declined or delayed without constituting a breach of contract.

Unless otherwise agreed, the Client remains fully responsible for backing up all content on their website.

These additional services are not included in package deals and require written validation before execution.

The Service Provider may offer specific services on request, subject to a custom quotation, including but not limited to:

Integration of e-commerce features (shop, cart, online payments);
Setup of a multilingual site (multiple language versions);
Adding new pages after the initial delivery;
Configuration of advanced CMS options;
Implementation of custom technical features or third-party integrations (chat, booking systems, etc.);
Occasional or subscription-based maintenance services (e.g. content updates, bug fixes, extended technical support).

Maintenance is available in two formats:

Ad hoc: Billed on an hourly or fixed-rate basis depending on the nature of the request;
Ongoing (subscription): Based on a dedicated quote specifying frequency, scope, intervention terms, and any applicable limits.

Any request exceeding the scope or volume initially agreed shall be subject to an additional invoice.

The Service Provider makes no guarantee of immediate availability during an ongoing contract and reserves the right to decline urgent or unplanned requests.

All work is carried out strictly during business hours, excluding weekends, public holidays, and officially announced leave periods.

Any request made outside these conditions, without prior written agreement, may be declined or delayed without constituting a breach of contract.

Unless otherwise agreed, the Client remains fully responsible for backing up all content on their website.

These additional services are not included in package deals and require written validation before execution.

8.3 —Digital Products (Templates, Assets, Components)

The Service Provider also sells digital products via their website (www.dmngautier.com), including Framer templates. These products are available exclusively for individual purchase via platforms such as GoCardless, Stripe, LemonSqueezy or PayPal.

Unless explicitly stated otherwise:

The Client may only use the product within their own or a single client project;
Any additional use requires the purchase of an extra licence;
No customisation, modification, or support is included unless explicitly mentioned;
No refunds shall be issued once the digital file is provided or downloaded.

Some products may include bonus content (tutorials, videos, help documents). The Service Provider reserves the right to modify or remove this content at any time.

Currency Note:
For international purchases, prices may be displayed in US dollars for convenience. However, all payments are denominated in euros (€) unless otherwise stated, and the Client is responsible for ensuring the net euro amount received by the Service Provider matches the full invoice total, free of conversion fees or bank charges. See the “Currency and Pricing” section for more.

Unless explicitly stated otherwise:

The Client may only use the product within their own or a single client project;
Any additional use requires the purchase of an extra licence;
No customisation, modification, or support is included unless explicitly mentioned;
No refunds shall be issued once the digital file is provided or downloaded.

8.4 — Scope of Services and Limitations

The following services are expressly excluded from the scope of standard deliverables, unless otherwise specified in a written quotation:

Structural or functional modifications after final approval of the deliverables, which require a separate quotation;
Restoration or recovery of the website due to client-side errors, improper handling, hacking, hosting failures, or third-party incidents (e.g. Framer, domain registrar, DNS provider);
Advanced SEO services or marketing campaigns, unless explicitly stated in the quote;
Any request for updates or modifications outside an active maintenance contract or beyond the expiration of included support.

The Service Provider operates under a best-effort obligation (“obligation de moyens”). No guarantee is made regarding traffic performance, search engine ranking, or conversion outcomes. The Client remains solely responsible for the use, publication and commercial exploitation of the delivered content.

The following services are expressly excluded from the scope of standard deliverables, unless otherwise specified in a written quotation:

Structural or functional modifications after final approval of the deliverables, which require a separate quotation;
Restoration or recovery of the website due to client-side errors, improper handling, hacking, hosting failures, or third-party incidents (e.g. Framer, domain registrar, DNS provider);
Advanced SEO services or marketing campaigns, unless explicitly stated in the quote;
Any request for updates or modifications outside an active maintenance contract or beyond the expiration of included support.

Article 8 Bis — Licence Terms and Conditions for Digital Products

The digital products offered for sale by Damien Gautier / DMN (including templates, icons, graphic elements, PDF documents, visual files, or any other downloadable digital content) are protected under French and international intellectual property laws.

By purchasing a digital product, the Buyer unreservedly accepts the licence terms outlined below.

8.1 — Nature of the Granted Licence

Unless otherwise specified on the product page or in the special terms associated with the purchase, the Buyer is granted a non-exclusive, non-transferable licence to use the digital product, under the following conditions:

Personal use only, for a single end project or client project (whether personal or professional);
Strictly limited to one project, per licence purchased;
No assignment of copyright, and no transfer of ownership or intellectual property.

This licence does not confer any ownership rights over the purchased content. All rights of reproduction, adaptation, modification and distribution remain the exclusive property of Damien Gautier / DMN.

Personal use only, for a single end project or client project (whether personal or professional);
Strictly limited to one project, per licence purchased;
No assignment of copyright, and no transfer of ownership or intellectual property.

8.1.1 — Named Licence

Each licence is strictly personal and tied to the identity of the Buyer (including full name, email address, and/or the user account used during the purchase).

Any attempt to share, transfer, or resell the licence to a third party without prior written authorisation from the Provider shall constitute a breach of these terms and may result in immediate suspension of access and/or legal action.

Each licence is strictly personal and tied to the identity of the Buyer (including full name, email address, and/or the user account used during the purchase).

8.2 — Permitted Uses

The Buyer is permitted to:

Use the purchased files as part of a single end project (website, support material, presentation, etc.), for their own use or their company;
Adapt or modify the files to suit the needs of that specific project, provided all conditions in this agreement are respected.

The Buyer is permitted to:

Use the purchased files as part of a single end project (website, support material, presentation, etc.), for their own use or their company;
Adapt or modify the files to suit the needs of that specific project, provided all conditions in this agreement are respected.

8.3 — Prohibited Uses (Unless Prior Written Consent Is Obtained)

The following uses are strictly prohibited without prior written authorisation from the Provider:

Any resale, repackaging, republication, or distribution of the product, in whole or in part, whether free or for profit;
Use of the product for multiple clients or multiple end projects under a single licence;
Integration into a commercial service or third-party offer (e.g. agency bundles, custom CMS, training platforms, kits, etc.);
Use of the product in competing products or derivative templates intended for resale or redistribution;
Public sharing of files for exchange, download, or collaborative work, unless expressly authorised;
Use of the product in violation of applicable laws (e.g. hate speech, illegal, discriminatory, or unethical content).

The following uses are strictly prohibited without prior written authorisation from the Provider:

Any resale, repackaging, republication, or distribution of the product, in whole or in part, whether free or for profit;
Use of the product for multiple clients or multiple end projects under a single licence;
Integration into a commercial service or third-party offer (e.g. agency bundles, custom CMS, training platforms, kits, etc.);
Use of the product in competing products or derivative templates intended for resale or redistribution;
Public sharing of files for exchange, download, or collaborative work, unless expressly authorised;
Use of the product in violation of applicable laws (e.g. hate speech, illegal, discriminatory, or unethical content).

8.4 — Extended or Commercial Licences

Any use outside the standard base licence (e.g. multi-client use, use by an agency, inclusion in a commercial product, client-facing website, or resale) requires the purchase of a commercial or multi-user licence.

Clients must contact the Provider in advance at the following address: damien@dmngautier.com to request a quote and discuss the appropriate usage rights.

8.5 — Consequences in Case of Violation

Any breach of these licence terms constitutes a violation of the Provider’s intellectual property rights.

In the event of a breach:

The Provider reserves the right to initiate any procedure, including legal action, to cease the unauthorised use;
Compensation and damages may be claimed to remedy the prejudice incurred;
Access to products, updates, or bonus content may be immediately suspended without refund.

Any breach of these licence terms constitutes a violation of the Provider’s intellectual property rights.

In the event of a breach:

The Provider reserves the right to initiate any procedure, including legal action, to cease the unauthorised use;
Compensation and damages may be claimed to remedy the prejudice incurred;
Access to products, updates, or bonus content may be immediately suspended without refund.

No Right of Withdrawal

In accordance with Article L221-28 of the French Consumer Code, no right of withdrawal applies after purchase once the digital content (template, file, icon, etc.) has been delivered and downloaded.

Once a digital product has been made accessible or transferred, the Provider cannot technically prevent its use, duplication, or storage. As such, no refunds will be granted, even in the event of non-use, dispute, or future claim.

Article 9 — Intellectual Property and Rights over Deliverables

9.1 – Copyright and Usage Rights

For informational purposes, and in accordance with the French Intellectual Property Code (Articles L121-1 to L121-9), the moral rights of a creator — including the right of attribution, the right to maintain the integrity of the work, and the right to withdraw it — are perpetual, inalienable, and non-transferable.

Consequently, only the economic rights explicitly stated in the “Assigned Rights” section of the final invoice are transferred to the Client, to the exclusion of all other rights. Any limitations regarding territory, duration, format or media will also be specified in the same section.

Transferred rights may include, as applicable:

the right of reproduction;
the right of representation;
the right of exploitation;
the right of modification (only where expressly authorised in writing).

The Client may not claim any other rights not expressly transferred.

It is also reminded that, under Article L122-4 of the French Intellectual Property Code, any unauthorised reproduction, representation, adaptation, or transformation of a work constitutes an infringement and may be subject to legal penalties.

Transferred rights may include, as applicable:

the right of reproduction;
the right of representation;
the right of exploitation;
the right of modification (only where expressly authorised in writing).

The Client may not claim any other rights not expressly transferred.

9.2 – Ownership of Deliverables

Ownership of the final deliverables and all associated rights shall remain the exclusive property of the Provider until the Client has paid all amounts due (including invoices for any additional work, if applicable).

The transfer of ownership and usage rights will only take effect when the following conditions are met:

• full payment of all invoices issued by the Provider;

• and, where applicable, written confirmation of the transfer of economic rights.

The transfer of ownership and usage rights will only take effect when the following conditions are met:

• full payment of all invoices issued by the Provider;

• and, where applicable, written confirmation of the transfer of economic rights.

9.3 –Licensing Principles

The reproduction, reuse, and redistribution of the deliverables created by the Provider are subject to intellectual property laws and may give rise to the application of copyright fees, in accordance with French law.

Only the specific rights and uses expressly detailed in the invoice or contract are granted to the Client. Any other use — including adaptation, modification, redistribution, or use in a different context — requires a separate written agreement with the Provider.

No idea, suggestion, or inspiration shared by the Client shall be considered a co-creation or give rise to shared ownership of the final work.

As a reminder:

Rights not explicitly granted remain with the Provider;
The Client shall refrain from using or adapting the deliverables for unauthorised purposes;
The signature or delivery of files does not constitute a blanket transfer of usage rights beyond what is contractually agreed.

No idea, suggestion, or inspiration shared by the Client shall be considered a co-creation or give rise to shared ownership of the final work.

As a reminder:

Rights not explicitly granted remain with the Provider;
The Client shall refrain from using or adapting the deliverables for unauthorised purposes;
The signature or delivery of files does not constitute a blanket transfer of usage rights beyond what is contractually agreed.

9.4 – Rights of Reproduction and Distribution

The rights of reproduction and distribution are defined based on the scope and purpose of the deliverables, as outlined in the purchase agreement or invoice.

These rights may be granted either on a flat-rate basis or partially, depending on the specific terms agreed upon in the order.

Any new adaptation of the original work, reprint, change of format, medium, or usage not originally foreseen requires a separate rights transfer agreement and may incur additional licensing fees.

The rights granted are limited in time, territory, and usage, as defined in the contractual documentation, and may not be extended beyond those terms without prior written consent.

To allow the Client to use the deliverables strictly within the agreed scope, all transferable intellectual property rights related to the work are assigned exclusively to the Client only after full payment of all outstanding fees, and only for the media, uses, and channels explicitly listed in the order or invoice.

Any usage or distribution beyond these limits is strictly prohibited unless expressly authorised in writing by the Provider.

The rights of reproduction and distribution are defined based on the scope and purpose of the deliverables, as outlined in the purchase agreement or invoice.

These rights may be granted either on a flat-rate basis or partially, depending on the specific terms agreed upon in the order.

The rights granted are limited in time, territory, and usage, as defined in the contractual documentation, and may not be extended beyond those terms without prior written consent.

Any usage or distribution beyond these limits is strictly prohibited unless expressly authorised in writing by the Provider.

Article 10 — Copyright and Attribution Notice

Unless otherwise agreed in writing by the Client and expressly stated before the project is published, the Service Provider reserves the right to include a commercial attribution within the delivered work, indicating authorship and contribution.

This notice may take the form of:

“A website designed and developed by Damien Gautier – Made by Damien (MBD)”

Where technically feasible, this attribution may include a hyperlink pointing to the Service Provider’s business website: https://www.dmngautier.com.

This attribution is considered a material condition of the intellectual property rights transfer.

The Client agrees not to alter, hide, or remove this notice without prior written approval from the Service Provider.

In the event of unauthorised removal or modification of this attribution after delivery, the Service Provider reserves the right to claim:

a fixed contractual penalty of €750 (seven hundred and fifty euros), or its equivalent in US dollars (approximately $855 USD at the time of writing);
additional compensation for reputational harm, loss of professional visibility, and potential violation of the author’s moral rights;
any other applicable damages, in accordance with relevant intellectual property laws.

This notice may take the form of:

“A website designed and developed by Damien Gautier – Made by Damien (MBD)”

Where technically feasible, this attribution may include a hyperlink pointing to the Service Provider’s business website: https://www.dmngautier.com.

This attribution is considered a material condition of the intellectual property rights transfer.

The Client agrees not to alter, hide, or remove this notice without prior written approval from the Service Provider.

In the event of unauthorised removal or modification of this attribution after delivery, the Service Provider reserves the right to claim:

a fixed contractual penalty of €750 (seven hundred and fifty euros), or its equivalent in US dollars (approximately $855 USD at the time of writing);
additional compensation for reputational harm, loss of professional visibility, and potential violation of the author’s moral rights;
any other applicable damages, in accordance with relevant intellectual property laws.

Article 11 — Publicity Rights

Unless expressly stated otherwise by the Client in writing (by email or registered letter), the Service Provider reserves the right to publicly mention the completed work as part of their commercial prospecting, external communication, or portfolio.

The Client grants the Service Provider a non-exclusive and revocable licence to use the delivered work, in whole or in part (e.g. website, logo, interface, graphic design, etc.), strictly for demonstrative and non-commercial purposes, under the following conditions:

Display of the project in the Service Provider’s online or printed portfolio (e.g. website, creative directory, professional listing, etc.);
Screenshots, live URLs, text excerpts or visual materials from the final deliverables;
Creation of a business case or showcase, describing the objectives, process and outcome, without disclosing confidential or sensitive information.

This authorisation includes text and visual elements provided by the Client, as long as their use remains illustrative and non-commercial.

The Service Provider commits not to harm the Client’s image or disclose any private or confidential data.

The Client may, for legitimate reasons (e.g. confidential launch), revoke or temporarily suspend this authorisation by sending a motivated written request to the Service Provider. The request will be reviewed in good faith and answered within a reasonable time.

⚠️ Important: This publicity authorisation is distinct from the commercial credit notice specified in Article 10. The Client’s right to restrict publication does not affect the Service Provider’s right to include a copyright credit on the delivered website or product, unless contractually agreed otherwise in advance.

Display of the project in the Service Provider’s online or printed portfolio (e.g. website, creative directory, professional listing, etc.);
Screenshots, live URLs, text excerpts or visual materials from the final deliverables;
Creation of a business case or showcase, describing the objectives, process and outcome, without disclosing confidential or sensitive information.

This authorisation includes text and visual elements provided by the Client, as long as their use remains illustrative and non-commercial.

The Service Provider commits not to harm the Client’s image or disclose any private or confidential data.

Article 12 — Termination

Either party may terminate the contract in writing, subject to the following conditions.

12.1 – Termination by the Client

If the Client decides to terminate the contract unilaterally after the commencement of the project, and without fault on the part of the Service Provider, the amounts already paid shall remain acquired and no refund will be issued.

In addition, the Service Provider reserves the right to claim compensation for time invested, work completed, and the prejudice suffered.

Such compensation shall not be less than 30% of the total amount of the contract, unless otherwise agreed in writing.

In the case of digital product purchases, no refund will be granted once the product has been delivered, in accordance with Article L221-28 of the French Consumer Code.

In addition, the Service Provider reserves the right to claim compensation for time invested, work completed, and the prejudice suffered.

Such compensation shall not be less than 30% of the total amount of the contract, unless otherwise agreed in writing.

In the case of digital product purchases, no refund will be granted once the product has been delivered, in accordance with Article L221-28 of the French Consumer Code.

12.2 – Termination by the Service Provider

The Service Provider reserves the right to terminate the contract with immediate effect in the event of:

abusive, defamatory, or disrespectful behaviour;
repeated failure to respond or collaborate in good faith;
non-payment of invoices beyond the legal or contractual due date;
breach of any clause of these General Terms and Conditions of Sale.

In such cases, the Client shall remain liable for the amounts due for the services already provided, and no refund will be granted.

The Service Provider reserves the right to terminate the contract with immediate effect in the event of:

abusive, defamatory, or disrespectful behaviour;
repeated failure to respond or collaborate in good faith;
non-payment of invoices beyond the legal or contractual due date;
breach of any clause of these General Terms and Conditions of Sale.

In such cases, the Client shall remain liable for the amounts due for the services already provided, and no refund will be granted.

Article 13 — Temporary Incapacity of the Service Provider and Client Conduct

13.1 – Temporary Incapacity of the Service Provider

In the event of temporary or extended incapacity of the Service Provider—due to accident, illness, medical procedure, hospitalisation, or a personal or family emergency, including but not limited to the critical condition or death of a close relative—the Service Provider reserves the right to suspend or adjust the originally agreed deadlines.

In such cases, no compensation, cancellation, discount or penalty may be claimed by the Client, provided that:

the Service Provider notifies the Client within a reasonable timeframe (typically within 1 to 3 business days) once made aware of their temporary inability to work;
a revised delivery schedule is proposed as soon as circumstances allow.

Should the incapacity extend beyond 30 calendar days, both parties shall agree on one of the following:

a new mutually acceptable delivery schedule;
or, as a last resort, an amicable suspension or termination of the contract, with settlement calculated pro rata based on the work already completed.

The Service Provider undertakes to resume the performance of the Services within a reasonable time frame, as soon as their situation allows.

In such cases, no compensation, cancellation, discount or penalty may be claimed by the Client, provided that:

the Service Provider notifies the Client within a reasonable timeframe (typically within 1 to 3 business days) once made aware of their temporary inability to work;
a revised delivery schedule is proposed as soon as circumstances allow.

Should the incapacity extend beyond 30 calendar days, both parties shall agree on one of the following:

a new mutually acceptable delivery schedule;
or, as a last resort, an amicable suspension or termination of the contract, with settlement calculated pro rata based on the work already completed.

The Service Provider undertakes to resume the performance of the Services within a reasonable time frame, as soon as their situation allows.

13.2 – Abusive Client Behaviour

In the event of abusive or inappropriate behaviour by the Client towards the Service Provider—particularly during a period of incapacity—such as excessive pressure, threats, repeated messages, harassment, or any form of misconduct, the Service Provider reserves the right to:

suspend the provision of Services immediately and without notice;
take legal action or any other necessary measures to put an end to the abusive conduct;
claim financial compensation for moral, professional, or economic harm suffered.

Such conduct constitutes a serious breach of the Client’s duty of cooperation and good faith, and may justify unilateral termination of the contract by the Service Provider.

Legal basis: Articles 1104, 1193, and 1217 of the French Civil Code, relating to the obligation of good faith in contractual performance, and the right to suspend, terminate, or seek compensation in the event of contractual breach.

Contractual Penalty: A fixed contractual penalty of at least €250 (excluding VAT) may be applied without prior formal notice, without prejudice to any higher claim if the damage suffered exceeds this amount.

Currency equivalence: For international Clients, this amount is also indicated in US dollars, using the indicative exchange rate at the time of invoicing. A margin may be applied to offset currency fluctuation or transfer fees, ensuring that the Service Provider receives the full equivalent in euros.

suspend the provision of Services immediately and without notice;
take legal action or any other necessary measures to put an end to the abusive conduct;
claim financial compensation for moral, professional, or economic harm suffered.

Such conduct constitutes a serious breach of the Client’s duty of cooperation and good faith, and may justify unilateral termination of the contract by the Service Provider.

Article 14 — Force majeure (i.e. unforeseeable and unavoidable external event beyond the control of the parties)

Neither party shall be held liable or considered to have failed in the performance of its contractual obligations if such performance is prevented, delayed or rendered impossible due to an event of force majeure, as defined by Article 1218 of the French Civil Code.

During the occurrence of a force majeure event, the performance of the contract shall be automatically suspended, without compensation or penalty.

A force majeure event refers to any external, unforeseeable, irresistible event beyond the control of the parties, which renders the execution of the contract impossible or excessively difficult, even with reasonable efforts.

The following events may be recognised as force majeure (non-exhaustive list):

natural disasters (storms, floods, earthquakes, lightning, fires, epidemics, pandemics);
acts of war, civil unrest, riots, strikes (including transport or courier strikes), terrorist attacks;
power outages or disruptions to electricity, telecom or internet networks;
technical failure of essential tools and platforms (e.g. platform outages, third-party no-code tools blocked or shut down);
legal, administrative or regulatory decisions making performance impossible (e.g. lockdowns, international sanctions);
any serious personal emergency preventing one party from fulfilling its obligations under normal conditions (e.g. hospitalisation, major loss, bereavement).

The party affected by a force majeure event must inform the other party within five (5) business days of becoming aware of the event.

The parties will then, in good faith, agree on either:

the resumption of suspended obligations, or
the amicable termination of the contract, if the force majeure event continues beyond 60 calendar days, without the need for legal intervention or compensation.

During the occurrence of a force majeure event, the performance of the contract shall be automatically suspended, without compensation or penalty.

The following events may be recognised as force majeure (non-exhaustive list):

natural disasters (storms, floods, earthquakes, lightning, fires, epidemics, pandemics);
acts of war, civil unrest, riots, strikes (including transport or courier strikes), terrorist attacks;
power outages or disruptions to electricity, telecom or internet networks;
technical failure of essential tools and platforms (e.g. platform outages, third-party no-code tools blocked or shut down);
legal, administrative or regulatory decisions making performance impossible (e.g. lockdowns, international sanctions);
any serious personal emergency preventing one party from fulfilling its obligations under normal conditions (e.g. hospitalisation, major loss, bereavement).

The party affected by a force majeure event must inform the other party within five (5) business days of becoming aware of the event.

The parties will then, in good faith, agree on either:

the resumption of suspended obligations, or
the amicable termination of the contract, if the force majeure event continues beyond 60 calendar days, without the need for legal intervention or compensation.

14.1 – Technological Force Majeure (no-code tools and third-party platforms)

In addition to the cases of force majeure previously listed, the Service Provider shall not be held liable for any delays, suspension, or inability to perform the agreed services due to:

major outages, restrictions, or changes affecting third-party no-code or low-code platforms used to deliver the services (e.g. Framer, LemonSqueezy, Cal.com, GoCardless, Stripe, etc.),
the unavailability of essential functionalities (e.g. hosting, form processing, payments, domain connection),
or any limitation resulting from a technical failure, commercial decision, or policy change on the part of such providers that renders performance unfeasible.

In such cases, the Service Provider will notify the Client as soon as reasonably possible and propose, if applicable, alternative solutions or a project rescheduling plan. If no suitable solution can be found within 30 calendar days, both parties may agree to suspend or amicably terminate the contract. Any termination shall be accompanied by a pro-rata settlement for work already performed.

In addition to the cases of force majeure previously listed, the Service Provider shall not be held liable for any delays, suspension, or inability to perform the agreed services due to:

major outages, restrictions, or changes affecting third-party no-code or low-code platforms used to deliver the services (e.g. Framer, LemonSqueezy, Cal.com, GoCardless, Stripe, etc.),
the unavailability of essential functionalities (e.g. hosting, form processing, payments, domain connection),
or any limitation resulting from a technical failure, commercial decision, or policy change on the part of such providers that renders performance unfeasible.

Article 15 — Complaints and Disputes

Any complaint, regardless of its nature (including but not limited to delivery delays, non-conformity, billing issues, or the quality of deliverables), must, in order to be admissible, be submitted in writing to the Service Provider within seven (7) calendar days of receipt of the relevant invoice.

Such complaints must be transmitted:

by registered post with acknowledgment of receipt, or
by email with explicit read receipt confirmation, sent to the Service Provider’s professional contact address.

All complaints must be formulated in either French or English. Complaints submitted in any other language will not be processed.

After this 7-day period, no further claims will be accepted, and the services delivered, as well as their associated execution and payment conditions, shall be deemed fully and irrevocably accepted by the Client.

Such complaints must be transmitted:

by registered post with acknowledgment of receipt, or
by email with explicit read receipt confirmation, sent to the Service Provider’s professional contact address.

All complaints must be formulated in either French or English. Complaints submitted in any other language will not be processed.

Informal dispute resolution

Before initiating any legal action or formal proceedings, both parties agree to attempt to resolve any dispute arising from the execution or interpretation of these Terms and Conditions through amicable means. This may include written exchanges, a scheduled discussion, or the involvement of a neutral third party.

If no agreement is reached within thirty (30) calendar days from the first written notice of dispute, either party may then initiate formal proceedings before the competent court, in accordance with the applicable law and jurisdiction clauses set out herein.

Article 16 — Dispute Resolution

These General Terms and Conditions of Sale are governed by French law, regardless of the Client’s nationality or place of establishment.

In the event of any dispute or disagreement concerning the interpretation, execution or validity of these terms, both parties agree to first attempt to reach an amicable resolution through direct negotiation or formal conciliation.

If no agreement is reached within thirty (30) calendar days of written notification of the dispute by one of the parties, the most diligent party may refer the matter to the competent jurisdiction.

This applies particularly in the following cases:

where no genuine attempt at amicable resolution has been initiated, or
in the event of abusive, vexatious, or bad faith behaviour by the Client, the Service Provider reserves the right to initiate any legal proceedings necessary to protect their interests, including seeking full compensation for damages suffered.

It is expressly agreed that, for any contract entered into with a professional Client, the Tribunal de Commerce de Marseille (France) shall have sole jurisdiction, including in cases involving multiple defendants or third-party appeals, and this clause shall prevail over any conflicting provisions in the Client’s own documentation.

These General Terms and Conditions of Sale are governed by French law, regardless of the Client’s nationality or place of establishment.

If no agreement is reached within thirty (30) calendar days of written notification of the dispute by one of the parties, the most diligent party may refer the matter to the competent jurisdiction.

This applies particularly in the following cases:

where no genuine attempt at amicable resolution has been initiated, or
in the event of abusive, vexatious, or bad faith behaviour by the Client, the Service Provider reserves the right to initiate any legal proceedings necessary to protect their interests, including seeking full compensation for damages suffered.

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Language and Governing Law Notice

Language and Governing Law Notice

Currency and Pricing Notice

Currency and Pricing Notice

Article 1 — Introduction

Article 2 — Scope and General Provisions

Article 3 — Commitment of the Parties

Article 3 — Commitment of the Parties

3.1 — Responsibilities and Obligations of the Client

3.1 — Responsibilities and Obligations of the Client

3.2 —Responsibilities and Commitments of the Service Provider

3.2 —Responsibilities and Commitments of the Service Provider

Article 4 — Fees and Additional Services

Article 4 — Fees and Additional Services

Article 5 — Purchase Order and Project Commencement

Article 5 — Purchase Order and Project Commencement

Disbursements

Disbursements

In case of non-payment

In case of non-payment

Article 6 — Invoicing and Payment

Article 6 — Invoicing and Payment

Late Payment

Late Payment

Non-Payment of Final Balance

Non-Payment of Final Balance

Currency and Exchange Rate

Currency and Exchange Rate

Article 7 — Validation, Deadlines and Delivery

Article 7 — Validation, Deadlines and Delivery

7.1 — Validation Process

7.1 — Validation Process

7.2 — Delivery and Scheduling

7.2 — Delivery and Scheduling

7.3 — Change of Scope or Design Once Development Has Started

7.3 — Change of Scope or Design Once Development Has Started

7.4 — Abandonment, Delay or Lack of Client Response

7.4 — Abandonment, Delay or Lack of Client Response

Article 8 — Étendues des prestations web proposées par Damien Gautier

Article 8 — Étendues des prestations web proposées par Damien Gautier

8.1 — Website Creation Services (Packaged Offers)

8.1 — Website Creation Services (Packaged Offers)

8.2 — Additional Services upon Quotation

8.2 — Additional Services upon Quotation

8.3 —Digital Products (Templates, Assets, Components)

8.3 —Digital Products (Templates, Assets, Components)

8.4 — Scope of Services and Limitations

8.4 — Scope of Services and Limitations

Article 8 Bis — Licence Terms and Conditions for Digital Products

Article 8 Bis — Licence Terms and Conditions for Digital Products

8.1 — Nature of the Granted Licence

8.1 — Nature of the Granted Licence

8.1.1 — Named Licence

8.1.1 — Named Licence

8.2 — Permitted Uses

8.2 — Permitted Uses

8.3 — Prohibited Uses (Unless Prior Written Consent Is Obtained)

8.3 — Prohibited Uses (Unless Prior Written Consent Is Obtained)

8.4 — Extended or Commercial Licences

8.4 — Extended or Commercial Licences

8.5 — Consequences in Case of Violation

8.5 — Consequences in Case of Violation

No Right of Withdrawal

No Right of Withdrawal

Article 9 — Intellectual Property and Rights over Deliverables

Article 9 — Intellectual Property and Rights over Deliverables

9.1 – Copyright and Usage Rights

9.1 – Copyright and Usage Rights

9.2 – Ownership of Deliverables

9.2 – Ownership of Deliverables

9.3 –Licensing Principles

9.3 –Licensing Principles

9.4 – Rights of Reproduction and Distribution

9.4 – Rights of Reproduction and Distribution

Article 10 — Copyright and Attribution Notice